Other conditions decisions — 2008

The Board has remanded the case due to inadequate notification under the Veterans Claims Assistance Act of 2000 and concerns about the reliability of dose estimates for radiation exposure. The appellant's claim will be readjudicated after obtaining a revised dose estimate and medical opinion.

The Board found that the veteran is entitled to a partial waiver of recovery of overpayment in the amount of $1,491.50 due to fault being on VA's side in creating the debt.

The veteran's appeal has been withdrawn due to his desire not to proceed with the case.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA death benefits because she did not meet the statutory requirements set forth, including being married to the veteran one year or more prior to his death.

The Board denied the veteran's claims for service connection for high cholesterol and allergies, as well as his claims for carpal tunnel syndrome and joint disability other than related to the cervical spine, hands, ankles, elbows, and knees. The evidence did not establish a link between these conditions and military service.

The veteran's compensation benefits were discontinued due to his status as a fugitive felon, and the Board denied his claim for a waiver of overpayment.

The veteran is seeking an increased rating for his service-connected degenerative joint disease in the thoracic spine, currently rated at 10 percent. The case has been remanded to allow for a more current VA examination and consideration of whether an extraschedular evaluation is warranted.

The Board found that the veteran's service-connected multiple nerve compression of the left upper extremity does not warrant an evaluation in excess of 10 percent, as his symptoms do not meet or approximate the criteria for a higher rating.

The Board has determined that the reduction of the veteran's disability rating from 100 percent to 60 percent was proper based on multiple VA examinations and medical history provided by the veteran. The preponderance of evidence supports this decision.

The Board has determined that the veteran's right ring finger disability, which includes a healed fracture and trigger finger release, does not warrant an increased evaluation beyond the current 10 percent rating.

The Board found that the veteran's grant of individual unemployability was properly terminated as of December 1, 2005, due to evidence showing he is capable of maintaining and following gainful employment.

The VA determined that the veteran's urticaria does not meet the criteria for a higher rating as it covers less than 20 percent of his body and requires intermittent systemic therapy.

The Board has granted service connection for post-polio syndrome and the veteran's TDIU claim is remanded for further review.

The veteran seeks service connection for a bilateral foot condition, claimed as blistering of the feet, to include as due to Agent Orange exposure. The Board has determined that further development is needed before this claim can be decided.

The veteran's claim for an increased rating for his service-connected left knee disability is being remanded due to the need for a VA examination and VCAA notification.

The Board has determined that the appellant's discharge from service was under dishonorable conditions due to an absence without leave (AWOL) for a period of over two years, and thus precludes VA benefits. The appeal is denied.

The Board has remanded the case due to incomplete records and the need for a VA examination to determine if the veteran currently has memory loss, which may be related to in-service head injuries.

The Board has determined that the veteran's dizziness, which began in early 2006, is not a residual of head trauma during service and was not incurred or aggravated by active military duty.

The veteran's income in 2005 was substantially below the limit for cost-free VA health care, and his net worth did not change this outcome. The Board finds that the veteran is eligible for treatment without a co-payment requirement beginning on October 15, 2005.

The Board denied the veteran's claims for service connection for a blood disorder and for reopening his claim of skin disability due to Agent Orange exposure. The evidence did not show that the blood disorder was related to service or Agent Orange exposure.